Caledonia WA Pty Ltd

[2020] FWCA 6774

[2020] FWCA 6774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Caledonia WA Pty Ltd
(AG2020/3522)

CALEDONIA SCAFFOLDING AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 DECEMBER 2020

Application for approval of the Caledonia Scaffolding Australia Enterprise Agreement 2020.

[1] Caledonia WA Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Caledonia Scaffolding Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] Clause 9.3 of the Agreement deals with the issue of clothing and footwear to employees. Clause 9.3.1.8 of the Agreement states:

“An employee who chooses to leave employment with the company within 10 working days of issue may be required to pay the full assessed value of all goods supplied. This money may be deducted from monies owing to an employee on termination.”

[5] I raised with the Employer my views relevant to s.324 of the Act, suggesting that the term may be likely unenforceable. In written correspondence the Employer acknowledged that s.324 of the Act places limits on the ability of an employer to make payroll deductions, and deductions must first be authorised by the relevant employee.

[6] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is four years from approval per clause 1.6 of the Agreement.

COMMISSIONER

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Annexure A: